Make Legislators' Docs Public Records.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 331

Short Title: Make Legislators' Docs Public Records. (Public)
Sponsors: Senator Everitt (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 20, 2025
*S331-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE LEGISLATORS' DOCUMENTS PUBLIC RECORDS. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. Section 27.7 of S.L. 2023 -134, with the exception of subsection (d), 4
and Section 27.9 of S.L. 2023-134 are repealed. 5
SECTION 2. G.S. 120-130 reads as rewritten: 6
"§ 120-130. Drafting and information requests to legislative employees. 7
(a) A drafting request made to a legislative employee from a legislator is confidential. 8
Neither The legislative employee may not reveal the identity of the legislator making the request 9
nor, except to the extent necessary to answer the request, reveal the existence of the request may 10
be revealed to any person who is not a legislative employee without the consent of the legislator. 11
(b) An in formation request made to a legislative employee from a legislator is 12
confidential. Neither The legislative employee may not reveal the identity of the legislator 13
making the request nor, except to the extent necessary to answer the request, reveal the existence 14
of the request may be revealed to any person who is not a legislative employee without the 15
consent of the legislator. Notwithstanding the preceding sentences of this subsection, the periodic 16
publication by the Fiscal Research Division of the Legislat ive Services Office of a list of 17
information requests is not prohibited, if the identity of the legislator making the request is not 18
revealed. 19
(c) Any supporting documents submitted or caused to be submitted to a legislative 20
employee by a legislator in con nection with a drafting or information request are confidential. 21
Except to the extent necessary to answer the request, neither the document nor copies of it, nor 22
the identity of the person, firm, or association producing it, may be provided to any person w ho 23
is not a legislative employee without the consent of the legislator. 24
(d) Drafting or information requests or supporting documents are not "public records" as 25
defined by G.S. 132-1." 26
SECTION 3. G.S. 120-131, as amended by Section 1 of this act, reads as rewritten: 27
"§ 120-131. Documents produced by legislative employees. 28
(a) Documents prepared by legislative employees upon the request of legislators are 29
confidential. Except as provided in subsection (b) of this section, the legislative employee may 30
not reveal the existence of the document may not be revealed nor may the legislative employee 31
provide a copy of the document be provided to any person who is not a legislative employee 32
without the consent of the legislator. 33
(b) A document prepared by a legislative employee upon the request of a legislator 34
becomes available to the public when the document is a: 35
(1) Bill or resolution and it has been introduced; 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 331-First Edition
(2) Proposed amendment or committee substitute for a bill or resolution and it has 1
been offered at a committee meeting or on the floor of a house; 2
(3) Proposed conference committee report and it has been offered at a joint 3
meeting of the conference committees; or 4
(4) Bill, resolution, memorandum, written analysis, letter, or other document 5
resulting from a drafting or information request and it has been distributed at 6
a legislative commission or standing committee or subcommittee meeting not 7
held in executive session, closed session, or on the floor of a house. 8
A document prepared by a legislative employee upon the request of any legislator, that pursuant 9
to this Article does not become available to the public, is not a "public record," as defined by 10
G.S. 132-1. 11
…." 12
SECTION 4. G.S. 120-132, as amended by Section 1 of this act, reads as rewritten: 13
"§ 120-132. Testimony by legislative employees. 14
(a) Except as provided in subsections (b) and (c) of this section, no present or former 15
legislative employee may disclose any documents or information that the individual, while 16
employed or retained by the State, may have acquired: 17
(1) In a standing, select, or conference committee or subcommittee of either house 18
of the General Assembly or a legislative commission;commission. 19
(2) On the floor of either house of the General Assembly, in any office of a 20
legislator, or at any other location of the State legislative buildings and 21
grounds as defined in G.S. 120-32.1(d);G.S. 120-32.1(d). 22
(3) As a result of communications that are confidential under G.S. 120-130 and 23
G.S. 120-131. 24
(b) A present or former legislative employee may disclose information or documents 25
acquired under subsection (a) of this section that would be reflected in the official public record 26
or was that were otherwise publicly disseminated. 27
(c) Subject to G.S. 120-9, G.S. 120-133, and the common law of legislative privilege and 28
legislative immunity, the presiding judge may compel disclosure of information or documents 29
acquired by the legislative employee under subsection (a) of this section if in the judge's opinion, 30
the disclosure is necessary to a proper administration of justice." 31
SECTION 5. This act is effective when it becomes law. 32